DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 12, 14-17 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbolini et al. (EP 2834684 hereafter Barbolini) in view of McGill et al. (US 8,196,833, hereafter McGill)
With respect to claim 1, Barbolini teaches a snow stake (ranging rod 1) comprising: an elongate body (tubular body 1a); a strip (electronic card 3) of dual-purpose emitters/detectors (optical sensors 4) mechanically attached to the elongate body, such that the dual-purpose emitters/detectors are disposed along the elongate body, wherein each dual-purpose emitter/detector is configured to be able to both emit light and detect light and a control unit (electrical control unit 7) and each of the dual-purpose emitters/detectors is an LED and further comprising a communications unit configured to receive sensor measurements and send the measurements to a processing unit. (par. 28, 36, Figs. 1-4)
Barbolini does not explicitly teach wherein the dual-purpose emitters/detectors are arranged such that they are controlled to emit light, or detect light, by the control unit, wherein the control unit is arranged to switch the function of the dual-purpose emitters/detectors over the course of a measurement process, wherein the controller is further adapted to select the function of the LEDs such that a predetermined number and arrangement of LEDs are controlled to emit light and a predetermined number and arrangement of LEDs are controlled to detect light.
McGill teaches a dual-purpose LED emitter/detector which can be controlled to emit light or detect light as desired. (col. 7, line 39 – col. 8, line 6)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the structure of Barbolini to use LED emitters/detectors, as taught by McGill, along the elongated body and to control them to select the function such that a predetermined number and arrangement of LEDs emit light or detect light in order to sense the snow outside the snow stake in a well-understood manner with predictable results.
With respect to claim 2, Barbolini, as modified by McGill, teaches the strip (elongate card 3) of dual-purpose emitters/detectors comprises a flexible strip. (Barbolini, par. 28, flexible is a relative term and therefore the electronic card is considered to satisfy this limitation)
With respect to claim 3, although Barbolini, as modified by McGill, does not explicitly teach wherein the strip is mechanically fastened to the elongate body by adhesive, it is well-known to attach elements using an adhesive and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to further modify the invention of Barbolini to use an adhesive as an attachment method in order to securely fasten the strip to the elongate body.
With respect to claim 4, Barbolini, as modified by McGill, teaches a plurality of elongate bodies and associated strips of dual-purpose emitters/detectors are connected together. (Barbolini, par. 40, Fig. 4)
With respect to claims 5-7, Barbolini, as modified by McGill, teaches a plurality of temperature sensors (thermal sensors 5) disposed along the elongate body forming part of the strip of dual-purpose emitters/detectors. (Barbolini, par. 28, 35, Figs. 1-4)
With respect to claims 12, Barbolini, as modified by McGill, teaches the communications unit is configured to send information and commands both to and from the snow stake. (Barbolini, par. 28, 41)
With respect to claim 14, Barbolini, as modified by McGill, teaches a processing unit, wherein the processing unit is arranged to process measurements taken by the snow stake in order to provide an indication of the snow depth proximate to the snow stake based on levels of light reflectance detected by one or more light detecting LEDs. (Barbolini, par. 41)
With respect to claims 15-16, although Barbolini, as modified by McGill, does not explicitly teach the particulars of the remote monitoring server, it is well-known to use a memory unit for storing measurements and a user interface arranged to display measurement data and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to further modify the invention of Barbolini to include these elements for ease of processing and observing the acquired data.
With respect to claim 17, although Barbolini, as modified by McGill, does not explicitly teach wherein the strip of dual-purpose emitters/detectors is coated with a snow repellent material. However, it is well-known to use a snow repellent material on devices which are intended to interact with snow and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to further modify the invention of Barbolini to include the use of such a material in order to maintain an optimum functionality for the sensors.
With respect to claim 25, Barbolini, as modified by McGill, teaches the LEDs are configured to emit light of varying wavelengths. (McGill, col. 7, line 39 – col. 8, line 6)
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbolini in view of McGill, as in the above rejection, and further in view of Song. (KR 20100096343)
With respect to claims 8-10, Barbolini, as modified by McGill, teaches all that is claimed, as in the above rejection, except a plurality of electrical conductivity sensors disposed along the elongate body, wherein the one or more electrical conductivity sensor forms part of the strip of dual-purpose emitters/detectors.
Song teaches an apparatus for sensing snowfall comprising a plurality of electrical conductivity sensors (121a, 121b) disposed along an elongate body (sensor unit 120). (translation pgs. 3-4, Figs. 1-3)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to further modify the invention of Barbolini to include conductivity sensors, as taught by Song, as part of the strip of dual-purpose emitters/detectors in order to be able to acquire additional data for more complete evaluation of the snowfall.
Claim(s) 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbolini et al. (EP 2834684 hereafter Barbolini) in view of Vampola et al. (US 10,593,841, hereafter Vampola)
With respect to claim 18, Barbolini teaches a method of manufacturing a snow stake (ranging rod 1), the method comprising the steps of: providing a flexible strip (electronic card 3); attaching a plurality of dual-function emitters/detectors (optical sensors 4) to the flexible strip, wherein each dual-function emitter/detector is an LED; providing an elongate body (tubular body 1a); mechanically attaching the flexible strip to the elongate body; attaching a control unit (electronic control unit 7) to the dual-function emitters/detectors and attaching a processing unit to the control unit, wherein the processing unit is configured to process information from the control unit and provide an indication of snow depth based on levels of light reflectance detected by one or more dual-function emitters/detectors configured to detect light. (par. 28, 36, 41, Figs. 1-4)
Barbolini does not explicitly teach configuring the control unit to control the dual-function emitters/detectors to emit light, or detect light, and switch the function of the dual-purpose emitters/detectors over the course of a measurement process.
Vampola teaches it is known to provide dual-purpose LED emitter/detectors which are controlled to switch the function of the dual-purpose emitters/detectors over the course of a measurement process (col. 1, lines 39-60, col. 8, lines 54-64)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the method of Barbolini to include control of the emitters/detectors, as taught by Vampola, in order to reduce the complexity of the measurement structure.
With respect to claim 19, although Barbolini, as modified by Vampola, does not explicitly teach wherein the strip is mechanically fastened to the elongate body by adhesive, it is well-known to attach elements using an adhesive and therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to further modify the invention of Barbolini to use an adhesive as an attachment method in order to securely fasten the strip to the elongate body.
With respect to claim 20, Barbolini, as modified by Vampola, teaches attaching a plurality of electrical connectors to the flexible strip, the electrical connectors arranged to provide power to the dual-function emitters/detectors or transmit control or measurement signals to or from the dual-function emitters/detectors. (Barbolini, par. 28, the electrical connecters must exist in order for the apparatus to function as disclosed)
With respect to claim 21, Barbolini, as modified by Vampola, teaches attaching one or more temperature sensors (thermal sensors 5), and/or electrical conductivity sensors, to the flexible strip. (Barbolini, par. 28, 35, Figs. 1-4)
With respect to claim 22, Barbolini teaches an apparatus (ranging rod 1) for measuring snow depth comprising: a strip (electronic card 3) of dual-purpose emitters/detectors (optical sensors 4). (par. 28, 36, Figs. 1-4)
Barbolini does not explicitly teach wherein each dual-purpose emitter/detector is configured to be able to both emit light and detect light.
Vampola teaches it is known to provide dual-purpose emitter/detectors which are configured to be able to both emit and detect light. (col. 1, lines 39-60, col. 8, lines 54-64)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the structure of Barbolini to include dual-purpose emitters/detectors, as taught by Vampola, in order to reduce the complexity of the measurement structure.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbolini in view of Song. (KR 20100096343)
With respect to claim 23, Barbolini, teaches a snow stake (ranging rod 1) comprising an optical sensor (optical sensor 4), and a temperature sensor (thermal sensor 5). (par. 28, 36, Figs. 1-4)
Barbolini does not teach an electrical conductivity sensor.
Song teaches an apparatus for sensing snowfall comprising an electrical conductivity sensor. (121a, 121b) (translation pgs. 3-4, Figs. 1-3)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the invention of Barbolini to include a conductivity sensor, as taught by Song, in order to be able to acquire additional data for more complete evaluation of the snowfall.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barbolini in view of Vampola, as in the above rejection, and further in view of Song. (KR 20100096343)
With respect to claim 24, Barbolini, as modified by Vampola, teaches all that is claimed, as in the above rejection, except for an electrical conductivity sensor.
Song teaches an apparatus for sensing snowfall comprising an electrical conductivity sensor. (121a, 121b) (translation pgs. 3-4, Figs. 1-3)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to further modify the invention of Barbolini to include a conductivity sensor, as taught by Song, in order to be able to acquire additional data for more complete evaluation of the snowfall.
Response to Arguments
Applicant’s arguments filed February 23, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at 571-272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JILL E CULLER/Primary Examiner, Art Unit 2853
Prosecution Insights